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Setback fight headed to state legislature

By Mark JaffeFor the Times-Call

Posted:
02/11/2013 10:55:36 PM MST

Updated:
02/11/2013 11:00:43 PM MST

Oil and gas wells, such as this one near Frederick High School, will have to be 1,000 feet away from schools and 500 feet away from homes beginning Aug. 1 under new state rules approved Monday.
(LEWIS GEYER/file photo)

DENVER -- The Colorado Oil and Gas Conservation Commission approved 500-foot buffers between new wells and homes on Monday, but the state legislature may have a final say on the issue.

The oil and gas industry opposed the new setback, which will replace a 350-foot rule for urban areas and 150 feet for rural areas. Environmental and community groups called for a 1,000-foot setback, and said they will push for legislation.

"Undoubtedly, this decision will go under the dome," said Mike King, executive director of state Department of Natural Resources and a commission member. King said he was "comfortable" with the rule and that the legislators would see how contentious an issue setbacks are.

"As the state Legislature continues its work this session, my colleagues and I will be looking to pursue measures that put the health and safety of Coloradans first," Hullinghorst said.

A legislative push would add more regulatory uncertainty for the industry, said Tisha Schuller, president of the Colorado Oil and Gas Association, a trade group.

"It is an area of concern for us," Schuller said. "We need to create some regulatory stability in Colorado."

The rules adopted by the oil and gas commission, after months of meetings and hearings, set a 500-foot buffer between homes and buildings and new wells in Colorado beginning Aug. 1.

The vote was 8 to 1, with Fort Lupton Mayor Tommy Holton casting the no vote.

Holton said there was not enough data to show a health risk or that a 500-foot setback would protect anyone.

Longmont Mayor Dennis Coombs said he was not surprised by the COGCC's decision, though he was disappointed by it. He had hoped for a separation of 750 feet, he said, or better yet, 1,000 feet.

"Of course, 1,000 feet would have virtually eliminated drilling from Longmont, anyway," he said. Environmental groups and homeowners testified before the commission that odors and pollutants from drilling sites were impacting communities. A few studies have indicated that fumes from drilling activities could impact nearby residents. In Wyoming and Utah, studies have linked drilling to air pollution problems.

In addition to the 500-foot setback, operators drilling within 1,000 feet of a home will have to use enhanced drilling measures -- such as closed-loop systems that eliminate pits and devices to capture air emissions and control noise.

Drilling within 1,000 feet of a building with a large number of people, such as a school or nursing home, will need commission approval.

Chris Urbina, director of the Colorado Department of Public Health and Environment and a commission member, said the rule "increases the likelihood the public will be safer than before."

The rule allows operators to apply for a variance to drill closer than 500 feet.

In rural areas, operators can drill within 500 feet if they adopt all the mitigation measures and get approval from the commission director.

Those variances and waivers, however, are pushing environmentalists to seek legislation.

"The way it stands, homeowners have no certainty a well won't be drilled close to their houses," said Matt Sura, an attorney representing Western Slope conservation groups.

Former Longmont city manager Gordon Pedrow, who testified at the COGCC's stakeholder meetings, called the COGCC's decision a "flimflam."

"It has adopted a new, slightly larger setback, but it is so riddled with loopholes ... that it will mean hundreds of wells will be fracked in residential areas," Pedrow said.

Hydraulic fracturing, or "fracking," uses high-pressure fluid to crack open oil or gas deposits in deep subterranean rock. Opponents say the practice can contaminate water and air; supporters say the risks are overstated.

Longmont voters banned hydraulic fracturing, or "fracking," from the city in November. That prompted a second lawsuit from the Colorado Oil and Gas Association.

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